Loading...
Ordinance 1992-13 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF Union National Bank S Trust Company of Joliet as Trustee under Trust #129: n a First Midwest Trust Company WHEREAS, it is in the best interest of the United City of the Village of Yorkville, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the United City of the Village of Yorkville; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS. the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in Section 11-15.1-1 through 11-15. 1-5 of Chapter 24 of the Illinois Revised Statutes, as amended, for the execution of said Annexation Agreement has been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL. OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED at a regular meeting of the City Council of the United City of the Village of Yorkville on C)`tUpar /Aj , 19(2,-7 SIGNED and APPROVED by me, as Mayor, this � day of OrMbor , 19Q-,2- �L�I�L K NETH K. KI TOE JR , , Mayor ATTEST: FILED FOR RECORD KENDALL COUNTY ILL. t, DOC. 0 ?A I?C/'� ITY CLERK 1 /Y' (SEAL) OC 1 61992 4A� RECORDER OF DEEDS PARCEL ONE: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: : COMMENCING AT THE NORTHWEST CORNER OF LOT 4 IN BLOCK 2 OF GALE'S ADDITION TO THE TOWN OF BRISTOL IN THE COUNTY OF KENDALL; THENCE WEST ALONG THE NORTH LINE EXTENDED WEST OF SAID LOT 4, BEING ALSO ALONG THE SOUTH LINE EXTENDED WEST OF WALNUT STREET, 30 FEET TO THE CENTER LINE OF BRISTOL ROAD; THENCE NORTH ALONG SAID CENTER LINE 21 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 54 MINUTES, 0 n--RASE COURSE, 455.2 FEET; THENCE NORTH SECONDS, AS MEASURED CLVC1�W151; rKVil In«• t�1-:Si L3J�.1ci D:aiJ �.�1u n. ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 55 MINUTES, 0 SECONDS AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE 519 .5 FEET FOR THE POINT OF BEGINNING; THENCE NORTH ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 148.5 FEET; THENCE FAST ALONG A LINE FORMING AN ANGLE OF 90 DEGREES, 05 MINUTES, 0 SECONDS, AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 492.77 FEET TO THE CENTER LINE OF ROUTE 47; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 85 DEGREES, 54 MINUTES, 0 SECONDS MEASURED COUNTERCLOCKWIS] FROM THE LAST DESCRIBED COURSE, 151.87 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 94 DEGREES, 6 MINUTES, 0 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 247.83 FEET; THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 3 FEET; THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 234.52 FEET TO THE POINT OF BEGINNING; (EXCEPT THAT PART FALLING IN THE HIGHWAY) , IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS Y Accurate Map of ritory Annexed to the United City of the Vi//oge of YorkwYle N L � rh�;��j✓,'vn r �•492.77� _ �' '— 426.63' �omPony o notonk B TNst 0 1292 0 c B `� 61, Union Notion An '00 gh k � / _ /00� of jolietI Illinois as 234.52 _ O 24783 v c � V 0 o� h 0 0� _ Wc1nut Street 455.5 � oh Abrthwesf corner of D Lot 4, Bock 2 of Go%s Addition Prepared Rv: James M. Olson Associates, Ltd. Q$ O Illinois Professional Land Surveyors 107 West Madison Street Yorkville, Illinois 60560 July 29, 1992 Cily of YorkVIlle No.4654 -A r STATE OF ILLINOIS ) SS. COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE THIS AGREEMENT is made and entered into this day of 1992 , by and between the United City of the Village of Yorkville, Yorkvi e, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City", T t of Joliet as Trustee under y , and min, �tN�r n , .!� rc cr rk#�e e of the City of Joliet bun y, Ilinois, hereinafter Trust referred to as "Owner". #1292 WITNESSETH: Union National Bank and Trust Company of Joliet as WHEREAS, the Owner, Tj*,"sg ,�N ;.J. � 7/1g/72 is the owner of land, which li e r 1 �I'tit`tt'► ' -''r o and 'conti uous to the existing corporate limits of the City which said land is more particularly described on Exhibit "A" attached hereto and made a part hereof: and WHEREAS, the Owner is desirous of using said real property described in Exhibit "A" for business use, and is desirous of assuring to it that said land can be used for said purposes if said land is annexed to the City of Yorkville; and WHEREAS, the Owner has presented and the City has considered the tracts of land herein described for business and commercial purposes in order to make said real estate a desirable addition to the City; and WHEREAS, the City has requested the Owner to annex the said land into the City and its Plan Commission and the City Council have heretofore approved the proposed land use and the zoning of the same at the joint request of the Owner and the City; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the land heretofore described will be an!iexed to the City in an orderly �iianner; a n WHEREAS, it is the intention of the Owner upon the annexation of the real estate to the City to use said real property described in Exhibit "A" for business and commercial use to be located as shown in the annexation drawing attached hereto, prepared by James M. Olson & Associates Ltd. , and dated , 19 92, and in accordance with the terms and conditions of this Agreement; and WHEREAS, the Owner and its representatives have discussed the proposed Annexation and have had public meetings with the Plan Commission, and the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. • i NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in Chapter 24, Sections II-15.1-1 through II-15.1-5, Illinois Revised Statutes, 1985, as amended, as follows: I. ANNEXATION AND ZONING: The City shall adopt an ordinance annexing to the City all of the real estate described on Exhibit "A" and the City in said ordinance shall zone the real estate described on Exhibit "A", subject to the further terms of this Agreement as B-3 Highway Business District. Said zoning allowing the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "B", B-3 Highway Business District , said real estate to be used and developed in accordance with this Agreement and with the City Subdivision Control Ordinance. 2. The City agrees that in consideration of Petitioner-Owner voluntarily annexing to the City, the City will do the following: A) Petitioner-Owners and their successors, heirs, and assigns shall be given free water and sewer hook-ups, waiving any fee customarily paid to the City on land being annexed to the City for a period of fifteen (15) years from the date of execution of this agreement. Nothing contained herein shall be deemed to be a waiver of sewer hook-up fees due the Yorkville-Bristol Sanitary District which is a totally independent governmental entity. This agreement further shall not be construed as a warranty or promise of when water and sewer main extensions will be made available. B) The City shall not allow any developer or other party to charge Petitioners-Owners, or their successors heirs and assigns for recapture in order to hook-up to a water or sewer main extension. C) The City shall pay the cost of preparing all annexation drawings, petitions and public notices. The City further agrees to waive all annexation fees. D) The City shall allow Petitioner-Owner to continue to use the signage that is presently existing on the premises. E) Petitioner and its successors, heirs and assigns shall be allowed to continue to use the subject real property for purposes of well and pump repair and sales office, as well as accompanying storage and truck parking, without interruption. F) The City shall prepare, as part of the annexation agreement at its own expense, an easement description for a sewer line currently located on the subject parcel. Petitioner shall dedicate said sewer line to the City, and the City shall henceforth be responsible for all maintenance and upkeep on said sewer line. -2- 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the Owner shall comply, in all respects with all of the provisions of the Subdivision Control Ordinance and Impact Fee Ordinance of the City in the development of the real estate herein described in the event of any future development on the subject property. 4. BINDING EFFECT AND TERM: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successors, owners or record of land which is the subject of this Agreement assignees, lesser, and upon any successor municipal authorities of said City. 5. NOTICES: Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Clerk 610 Tower Lane Yorkville, Illinois 60560 With a copy to: Daniel J. Kramer, City Attorney Attorney at Law 1107A S. Bridge Street Yorkville, IL 60560 If to the Owners: or to such other addresses as any party may from time to time designate in a written notice to the other parties. 6. ENFORCEABILITY: This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. 7. ENACTMENT OF ORDINANCES: The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, t e un ersigned have hereunto set their hands and seals this ! �day of ( , 19 92 , UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois 1 BY: K ETH K, KI OE JR. ,Xayor ATTEST: /�r'4( C al (&� City Crerk -3- RIDER ATTACHED TO AND MADE A PART OF AN INSTRUMENT DATED July 30, 1992 UNDER TRUST NO. 1292 This instrument is executed by FIRST MIDWEST TRUST COMPANY, National Association, not sonally but solely as Trustee, as aforesaid, in the exercise of the power and authority .ferred upon and vested in it as such Trustee. All the terms, provisions, stipulations, covenants and conditions to be performed by FIRST MIDWEST TRUST COMPANY, National Association, are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against FIRST MIDWEST TRUST COMPANY, National Association, by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument. v c- Trust Officer AL MAN L G ALDE AN LA{ ERMAN ALD N ALDERMAN �A L LDERMAN ALDERMAN -4- Legal Description: PARCEL ONE: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: : COMMENCING AT THE NORTHWEST CORNER OF LOT 4 IN BLOCK 2 OF GALE'S ADDITION TO THE TOWN OF BRISTOL IN THE COUNTY OF KENDALL; THENCE WEST ALONG THE NORTH LINE EXTENDED WEST OF SAID LOT 4, BEING ALSO ALONG THE SOUTH LINE EXTENDED WEST OF WALNUT STREET, 30 FEET TO THE CENTER LINE OF BRISTOL ROAD; THENCE NORTH ALONG SAID CENTER LINE 21 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 54 MINUTES, 0 SECONDS, AS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 455.2 FEET; THENCE NORTH ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 55 MINUTES, 0 SECONDS AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE 519 .5 FEET FOR THE POINT OF BEGINNING; THENCE NORTH ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 148.5 FEET; THENCE EAST ALONG A LINE FORMING AN ANGLE OF 90 DEGREES, 05 MINUTES, 0 SECONDS, AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 492 .77 FEET TO THE CENTER LINE OF ROUTE 47; THENCE SOUTHER1 ALONG A LINE FORMING AN ANGLE OF 85 DEGREES, 54 MINUTES, 0 SECONDS MEASURED COUNTERCLOCKWIS FROM THE LAST DESCRIBED COURSE, 151.87 FEET; 'THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 94 DEGREES, 6 MINUTES, 0 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 247.$3 FEET; THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 3 FEET; THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 234.52 FEET TO THE POINT OF BEGINNING; (EXCEPT THAT PART FALLING IN THE HIGHWAY) , IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS l� 7.04 B-3 SERVICE BUSINESS DISTRICT A- Permitted Uses E All uses permitted in Nursery the B-2 District Agricultural Implement Orchard Sales and Service Park - Commercial Recreation APPliance -- Service Only Plumbing Supplies and Auction House fixture Sales Automobile Sales and Pump Sales " Service ' Recreational Vehicle ' Sales Boat Sales and Service . � Building Material Sales Skating Rink Sports Arena Business Machine Repair N Stadium Catering Service Taxicab Garage Drive-in Restaurant ,Electrical Equipment Sales Tennis Court - Indoor Fried and Grain Sales Trailer Rental 'Frozen Food Locker Truck Rental Truck Sales and Service :Furniture Repair and Rr— j.nishing Upholstery Shop Bus or Truck Uti li tS Company Maintenance Yard GQ1f Driving Range ' Utility Service Yard or Greenhouse Garage Kennel Veterinary Clinic Miniature Golf MOCOrCy'cle Sales and Service a 32 Exhibit G J B• Special Uses I . All special uses permitted in the B-2 District . 2. Amusement Park. 3• Boat launching ramp . P 4- Boat Rental and Storage. C- Lot Size *e- �- "� No lot shall have, an area less than _2.Q..,� square feet . D• Yard Area $ No building shall be erected' ected or enlarged unless the Y following yards are provided and maintained in connection with such building , structure or enlargement : 1 . Front Yard. A front and of not less than lift Y feet . S' ( 50) �! 2. Side Yard. No minimum side i yard shall be required (( between buildings within the B-3 District , except where a side yard &butts a street , a yard of not less than twenty (20) feet shall be provided. f 3. Rear Yard, A rear and of not Tess than twenty ( 20 )feet . 4. Transitional Yard. Where a side or rear lot line coincides with a Residential District Zone , a yard Of not less than thirty ( 30) feet shall be required . E. Lot Co veraire No more than fifty percent ( 500) of the area of the z lot may be occupied by buildings and structures , including accessory build{ngs. F. Building Height No building or structure shall be erected or altered to exceed a maximum height of twenty-five ( 25) feet , or two (2 ) stories. G. Off-Street Parking and Loading All in accordance with regulations set forth in Section 9 . 00 of the ordinance . 33 Accurate Mao of Territory Annexed to the United City of the VIIIGge of Yorkvi lle N L , h14"1 .i',� Pet r"'' �•4 2.77 _ V' 426.63 onk rust,/292 ny oh�°p r h C2 Union Union Notional8 And o gh ao joliet, Illinois os �, /"_ /00' of �� O o �o Q J' 0�0� ' 9�0� 234.52 — .3.0�-- 247.83 (j O .c I 0 h _ 455.5 WGInut Street — O ohA ,V i 00 60 Abrthwest corner of D Lot 4, Block 2 of 0 f Cole's Addition JJ� Prepared By: (!� I James M. Olson Associates, Ltd. O Illinois Professional Land Surveyors 107 West Madison Street L Yorkville, Illinois 60560 i July 29, 1992 City of Yorkvi lle No.4654 -A